Dissability Discrimination Act UK

Keypoints

The main parts of the Disability Discrimination Act 1995 are as follows:

The DDA
Part 1 Definition of disability- Provides information and guidance on what constitutes disability for the purposes of the Act, and who is protected under it.

Part 2 Employment-Prohibits discrimination in relation to employment of disabled people, including recruitment, training, promotion, benefits, dismissal, etc.

It requires employers to make “reasonable adjustments” for a disabled person put at a substantial disadvantage by a provision, criterion or practice, or a physical feature of premises.

It also prohibits discrimination by trade organisations and qualifications bodies.

Provides procedures for enforcement and provision of remedies for discrimination.
Part 3

Provision of goods, facilities and services.

Disposal or management of premises or land

Private clubs

It requires service providers to make “reasonable adjustments” for disabled people. A service provider is required to take reasonable steps to:

* change a practice, policy or procedure which makes it impossible or unreason-
ably difficult for disabled people to make use of its services
* provide an auxiliary aid or service if it would enable (or make it easier for) disabled people to make use of its services

In addition, where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of services, a service provider has to take reasonable steps to:

* remove the feature; or
* alter it so that it no longer has that effect; or
* provide a reasonable means of avoiding it
* provide a reasonable alternative method of making the service available

It prohibits discrimination by private clubs.

Provides procedures for enforcement and provision of remedies for discrimination.
Part 4 Education

Amended by the Special Educational Needs and Disability Act 2001, part 4 prohibits discrimination in relation to:

* school admissions, exclusions, and the education or associated services provided to pupils
* further and higher education admissions, exclusions, and student services

Responsible bodies for schools and further and higher education institutions must make reasonable adjustments to ensure that disabled pupils or students (or prospective pupils or students) are not placed at a substantial disadvantage in comparison
with their non-disabled peers.

Responsible bodies for further and higher education are also required to provide auxiliary aids or services and have a duty to make adjustments to physical features.

Provides procedures for enforcement and provision of remedies for discrimination.
Part 5 Transport-Provides the Secretary of State with powers to establish minimum access criteria for public transport vehicles to be phased in over time. The use of transport is excluded
from the requirements of Part 3 of the Act – but other facilities offered by transport providers are not e.g. public areas at stations and booking facilities.

Part 6 National Disability Council-The National Disability Council was set up to advise the Government on Parts 2 and 3
of the DDA. It was abolished when the Disability Rights Commission came into operation in April 2000.

Part 7 Supplementary issues

Details duties and responsibilities covering:

* Codes of Practice
* Victimisation
* Liability of employers
* Help for people suffering discrimination
* Aiding unlawful acts
* Exclusion for acts done with statutory authority or done for the purpose of safeguarding national security.

Part 8 Miscellaneous Other issues, including government appointments, regulations and interpretation.
Schedules 1-8 Assorted schedules containing, among other things, provisions relating to the meaning of disability (Schedule 1); relevance of past disabilities (Schedule 2); and listing of responsible bodies for schools and educational institutions (Schedules 4A and 4B).

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